Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

In 2012, my father died. He left a will with sister as administrator. She declared $253,

Customer Question
In 2012, my father died...
In 2012, my father died. He left a will with sister as administrator. She declared $253,000 in assets. However; public record indicated acquisition of property 4 yrs prior to death, along with a home that was not declared. All bank accounts were set up within 3 yrs of his death, however not completed listing father and daughter but POD was not checked on documents. House transferred within 10 days of his death. Due to a statement of assets that did not include all and the fact that my lawyer would not argue the band documents due to being on the board, my sister was allowed to not have to file probate and refused to administer my father's Will, her lawyer stating all assets had been transferred, therefore there was no Will to administer and Probate was not filed. Is this correct? Thanks,
Submitted: 3 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 19 minutes by:
7/29/2015
Estate Lawyer: Barrister, Attorney replied 3 years ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,115
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Was sister listed as a joint tenant on the real estate deeds along with father?.Was she also listed as a joint owner on any bank accounts?.Did your lawyer research the accounts and property records to see if this was the case?.Did father have any other assets like personal property in the house, vehicles, furniture, guns, jewelry, etc.?.If so, what happened to it?..thanksBarister
Ask Your Own Estate Law Question
Customer reply replied 3 years ago
She was listed on the account cards, however; the boxes were not checked such as "Payable on death" The dates on the signature line of individuals was not completed. She was a listed on the deed on the property bought in 2007 from my fathers money, and she was not listed on his house until 10 days before he died. The house was furnished, he had guns and other valuables. None of this was included in the report she filed with her attorney. He was unaware of those items. She did not file probate. Again, concerning the bank documents, when I questioned them, my lawyer stated he was on the bank board and if I was going to contest them, he would have to recluse himself. Since the accounts were mentioned in the beginning, I would think he should have let me know in the beginning concerning his position. It is a small town and no one wants to be out of step, so I just accepted it. However I have a signed statement by my sister concerning the assets which did not include the above items purchased with my father's money. Also, I thought there was a time frame that assets could be transferred before they could not be considered in Probate? Probate, I do not think was ever filed, since I did not get a copy of any information or see any paper adds.? Thanks, tv
Estate Lawyer: Barrister, Attorney replied 3 years ago
Ok, if she was listed on the deed as a "joint tenant" with father on the accounts and deeds then when father passed, she would have instantly become the sole owner of those assets as they would have transferred without the need for probate.
.
The POD designation is only if someone wants an account to be accessible to someone after their death. But if you add someone to your deeds or accounts as a joint owner, then they have an immediate ownership interest that turns into sole ownership if the other owner dies.
.
As for the personal property, that is something that wouldn't be covered by any joint tenancy and it would have to go through probate and descend according to his will.
.
So if a probate case was never filed, then there is nothing that would prevent you from doing so now and forcing this all out into the open and holding sister accountable for what it appears like is embezzling at least some of the estate assets.
.
.
thanks
Barrister
Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,115
43,115 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

43,115 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My sister has Durable POA for my 90 year old mother who has
My sister has Durable POA for my 90 year old mother who has dementia. My mother gave her POA in 2003. My father is deceased. Both my parents wills have a testamentary trust wherein they mention all th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,215 satisfied customers
My aunt had her sister as her pod, Her sister died in April.
My aunt had her sister as her pod , Her sister died in April. My aunt that had named her sister pod died six month after. My aunt was distraught and confused and signed her Granddaughter as POD. My au… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am one beneficiary of a trust along with my two sisters
I am one beneficiary of a trust along with my two sisters and a step sister. My father passed 3 years ago and my step mother passed January 13, 2017. My step sister was named as the executor. Accordin… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
RAYANSWERS BACKGROUND INFO: One of decedent's and my
RAYANSWERSBACKGROUND INFO: One of decedent's and my children (hereinafter known as DS) DIED 3 MONTHS AFTER HIS FATHER. DS died WITHOUT A WILL & had no spouse or children. I am DS's next of kin/heir. T… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
are joint bank accounts included in an estate when someone
are joint bank accounts included in an estate when someone dies or does it all go to the person surviving who is joint owner and not included as an asset to the estate...does it need to be reported to… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hello: I read my mothers will and it has a comment in Article
Hello: I read my mothers will and it has a comment in Article 1 saying whether or not the property or insurance proceeds with respect to which the particular tax is due is part of my probate estate. D… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hello, my father passed away in South Carolina Jan. 2013.
Hello, my father passed away in South Carolina Jan. 2013. His estate is simple, no debt, 2-4 bank accounts/money market, a VA Death Benefit insurance policy, and real property assets. He left my cousi… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My father passed away over 1 year ago. before his passing
My father passed away over 1 year ago. before his passing he made his bank account a POD account with me and my two sisters as beneficiaries. Two weeks after my fathers death, one of my sisters passed… read more
John Legal
John Legal
Doctoral Degree
3,418 satisfied customers
My dad passed and my sister wont let me see the will, bank
My dad passed and my sister wont let me see the will, bank accounts, deed, and titles. I am the oldest son. What are my rights. She is living in the house that was left to both of us and there are ant… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My 98 yr aunt had no children and her husband is deceased.
My 98 yr aunt had no children and her husband is deceased. I am the oldest niece and the one who has cared for her the past 11 years. She took steps for TOD and POD to me of her financial assets. Ther… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Massachusetts has undergone massive reform in their probate
Massachusetts has undergone massive reform in their probate code. I am experiencing confusion on the statute of limitations. The new law requires within three years of death. Mass previously was withi… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
11-5-2011 My mothers accountant supposedly set up her accounts
11-5-2011 My mother's accountant supposedly set up her accounts as "pay on death" to have all funds (bank accounts, money market accounts, and stocks, pass directly to my sister. Have I any recourse? … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
My father died without a will in Kansas. Are joint checking
My father died without a will in Kansas. Are joint checking accounts without tod, pod, or rights of survivorship subject to probate? What about vehicles with joint ownership without tod, pod, or right… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
An elderly friend has named me as general power of attorney,
An elderly friend has named me as general power of attorney, executor in her will, and also lists me in her will as the residual beneficiary, after a few specific bequests. She has no spouse or family… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
My father just passed away. He has more that 50,000.00 and
My father just passed away. He has more that 50,000.00 and no more than 200,000 that has to go through probate . Mys sister and I are the only heirs and are dividing everything equally between us. Is … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I live in Texas. My mom was diagnosed with lung cancer in 2003.
I live in Texas. My mom was diagnosed with lung cancer in 2003. My father and mother created a living trust shortly before my father's death in May 2007. The living will/trust was drawn up by a financ… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My uncle died in the state of California and left no will.
My uncle died in the state of California and left no will. He has a surving brother. There is no spouse and no children. My father (his brother) has appointed me to act as administrator of my uncle's … read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My Dad, living in Iowa, recently passed away. Before he ...
My Dad, living in Iowa, recently passed away. Before he died he set up his bank accounts in a Totten Trust (POD). Now that the estate is in probate my sister and I are being told that the trust must b… read more
VanDLaw
VanDLaw
Juris Doctor
4 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x